Skip to main content
CityRuleLookup

Montgomery County, MD Fire Regulations: Fire Pits & Backyard Fires (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Fire pit rules in Montgomery County, MD, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Setback from buildings
30 feet (cooking fires at single-family homes exempt)
Clear space required
10-foot diameter around the fire
Attendance
Must be attended until fully extinguished
Notification
Central fire communication center for open fires
Enforcement
Misdemeanor under Chapter 22

Summary

Recreational and cooking fires must stay 30 feet from any building, with a 10-foot clear space kept around the fire and someone attending it at all times.

City-specific rules exist: Gaithersburg has its own fire pits & backyard fires rules that differ from Montgomery County's county-level regulations. If you live in Gaithersburg, check the city-specific page instead.

Except for those fires used for cooking food on property occupied by a single family dwelling open fires shall not be less than thirty (30) feet from any building or structure. A clear space free of ignitable materials not less than ten (10) feet in diameter shall be maintained around the fire.

Source: Montgomery County Municipal CodeView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).

Full Breakdown

County Code Sec. 22-88 sets the ground rules for open fires, including recreational fires: the fire must be attended until fully extinguished, and except for cooking fires at a single-family home, it has to be at least 30 feet from any building or structure, with a 10-foot-diameter clear space free of ignitable material maintained around it. Garbage, tires, plastic and other dense-smoke materials can't be burned, and burning on public roads, streets or rights-of-way is banned outright. Anyone kindling an open fire (other than leaf burning, cooking fires or recreational fires) must first notify the central fire communication center; burning that continues past one day requires notifying Montgomery County Fire and Rescue Service before 8 a.m. each day. No one may kindle a fire on another's land without the owner's permission.

Violations & Fines

Violations of the Fire Safety Code are enforced by the Fire Marshal's office (Division of Fire and Rescue Services) and are misdemeanors under Chapter 22's penalty provisions; the Director can order burning stopped at any time it's deemed a fire hazard.

Frequently Asked Questions

How far must a fire pit be from my house in Montgomery County?
At least 30 feet from any building, unless it's a cooking fire on single-family dwelling property, per County Code Sec. 22-88(e).
Do I need to notify anyone before lighting a fire pit?
Recreational, cooking and leaf-burning fires are exempted from the prior-notice rule that applies to other open fires under Sec. 22-88(c).

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

How Montgomery County compares: Cities with the Strictest Fire Pit Rules·Compare Montgomery County to another location·View the Maryland fire regulations overview

Get notified when Fire Pits & Backyard Fires in Montgomery County, MD changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Fire Pits & Backyard Fires in Cities Across Montgomery County